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Rep. Tom Emmer Introduces Firearm Due Process Protection Act

Friday, April 22, 2016

Rep. Tom Emmer Introduces Firearm Due Process Protection Act

On Tuesday, Representative Tom Emmer (R-MN) introduced H.R. 4980, the Firearm Due Process Protection Act. This legislation is meant to ensure that eligible firearms purchasers are not arbitrarily denied their right to obtain firearms. The Act would afford those who are denied a firearm purchase by the National Instant Criminal Background Check System (NICS) an effective and expeditious means of correcting any misinformation that would erroneously cause such a result.

In January, we reported on the alarming news that the FBI had “temporarily” suspended work on processing appeals of denials issued by NICS. The backlog of pending appeals at the time stood at 7,100. As we noted in that article, FBI data from 2014 showed that some 5% of the denials rendered by NICS that year were later overturned on appeal, meaning 4,411 people who had initially been erroneously denied were later able to vindicate their rights.

Of course not every person who is wrongfully denied will necessarily wade through the considerable bureaucracy necessary to challenge that decision. And the FBI’s figures account only for NICS checks processed directly by the FBI and not by the 21 states that handle some or all of the firearm purchase background checks for their jurisdictions.  Thus, the actual number of wrongful denials is undoubtedly much higher.

Current law does provide for an appeal process, but it does not establish deadlines for action on appeals or provide consequences for the FBI’s failure to act on them. Even before the FBI stopped processing NICS appeals altogether, the turnaround time for a decision could stretch from several months to more than a year. 

Rep. Emmers bill would address these problems in several ways. First, it would require the government to make a final determination on an appeal within 60 days after it received information in support of the claim. If the matter was not resolved within this timeframe, the individual would have the right to bring an action in federal court for a declaratory judgment on the person’s eligibility to receive and possess a firearm; a hearing would have to be held within 30 days after the action is brought.

If the government cannot establish the individual’s ineligibility at the hearing, the court would be required to issue an order for the government to correct or remove the erroneous records of NICS within five business days and to award the individual attorney’s fees and costs for the action.

Due process is a fundamental pillar of the American constitutional system. The purpose of Rep. Emmer’s bill is not to weaken NICS but to ensure that it functions as intended, blocking only legally prohibited individuals and not those who are misidentified or the victim of other bureaucratic mistakes.

As Rep. Emmer stated in introducing the bill, “Two months is a reasonable amount of time to run a background check and correct false information. Above all, citizens must always have recourse when denied a fundamental right.”

The NRA commends Rep. Emmer’s leadership in this important effort and urges swift consideration of the bill by the U.S. House of Representatives.

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News  

Monday, April 24, 2017

Lawsuit Filed Against California's Assault Weapons Control Act

The National Rifle Association Institute for Legislative Action (NRA-ILA) today announced it is supporting, along with the California Rifle and Pistol Association (CRPA), an important Second Amendment lawsuit challenging California’s newly expanded Assault Weapons Control ...

“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

News  

Second Amendment  

Friday, April 21, 2017

“F” Stands for Fail: School Jeopardizes Student’s Future for Possession of Squirt Gun

Public education’s long-running “zero tolerance” war against anything that suggests the idea of a firearm (including, for example, clothing, gestures, toys, food, computer images, and favorable opinions of self-defense) has claimed another victim. This time ...

South Carolina: Senate Subcommittee to Hear Multiple Gun Bills Tomorrow

Monday, April 24, 2017

South Carolina: Senate Subcommittee to Hear Multiple Gun Bills Tomorrow

Tomorrow, a subcommittee of the Senate Judiciary Committee will hold a hearing to discuss several firearm-related bills, and subcommittee members need to hear from you.

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News  

Gun Laws  

Tuesday, April 25, 2017

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News broke this week that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reconsidered and “clarified” its Jan. 6, 2015 Open Letter on the use of stabilizing braces as shoulder stocks.

California: Open Carry Ban Passes in the Assembly

Friday, April 21, 2017

California: Open Carry Ban Passes in the Assembly

Yesterday, the state Assembly passed Assembly Bill 7 by a vote of 44 to 29.   AB 424 was not considered during yesterday’s floor session, however it remains eligible for a vote at any time.  

Rhode Island:  House Committee Will Hear Over a Dozen Gun Bills Tuesday Night

Monday, April 24, 2017

Rhode Island: House Committee Will Hear Over a Dozen Gun Bills Tuesday Night

On Tuesday, April 24, the House Judiciary Committee will hold a marathon hearing on several anti-gun bills.

The Prosecutors and the Pagans: Two Sides of the Empire State’s Gun Laws

News  

Second Amendment  

Friday, April 21, 2017

The Prosecutors and the Pagans: Two Sides of the Empire State’s Gun Laws

Early this month, members of the gun-control group Prosecutors Against Gun Violence met at a “Manhattan Summit” and took the time to express their dismay and alarm over federal bills proposing national concealed carry reciprocity. ...

Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

News  

Friday, April 21, 2017

Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

On Tuesday, Chicago Mayor Rahm Emanuel met with representatives of the UCAN organization to make the case for further gun controls to combat the city’s violent crime. Chicago’s WLS reported that Emanuel used the opportunity ...

Illinois: Anti-Gun Legislators are Attempting to Sneak their Agenda into Unrelated Legislation

Tuesday, April 25, 2017

Illinois: Anti-Gun Legislators are Attempting to Sneak their Agenda into Unrelated Legislation

Yesterday, Illinois Senate President John Cullerton proposed Senate Amendment 1 to his shell bill, Senate Bill 233.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.